Hartwig v. Flynn
Supreme Court of Kansas
Error from Allen district court; Oscar Foust, judge. STATEMENT. Gottlieb Hartwig died May 28,1905, leaving a will naming his son William as his executor. Among his effects were found several promissory notes, among others notes for $2500 and $800, respectively, payable to the order of William Hartwig, and one for $1500 payable to the order of Frederick Hartwig, another son. These notes were each secured by mortgages to the payees, which had been recorded.
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Error from Allen district court; Oscar Foust, judge. STATEMENT. Gottlieb Hartwig died May 28,1905, leaving a will naming his son William as his executor. Among his effects were found several promissory notes, among others notes for $2500 and $800, respectively, payable to the order of William Hartwig, and one for $1500 payable to the order of Frederick Hartwig, another son. These notes were each secured by mortgages to the payees, which had been recorded. Martin Hendricks, who was a son-in-law with whom the testator had lived, and the two sons, William and Frederick, looked over these notes…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
When ordered to return an inventory of these notes the executor filed a schedule of such securities, stating that they never came into his hands as executor but that two of them belonged to him by gift from his father, and the other belonged to his brother, Frederick, by like gift. A full description of the notes and mortgages was given, with a statement that he could not make a sworn return of the same as a part of the estate for the reason that such return would not be true. This schedule put upon the records of the court a full…
2Cases cited11 opinions
- Miers v. BettertonCourt of Appeals of Texas · 1898
- In re Estate of HaasCalifornia Supreme Court · 1893
- In re the Estate of BeltWashington Supreme Court · 1902
- Estate of StewartSupreme Court of Pennsylvania · 1890
- Humbarger v. HumbargerSupreme Court of Kansas · 1905
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3Cited by25 opinions
- Simonton v. SimontonIdaho Supreme Court · 1920
- Poka v. HoliHawaii Supreme Court · 1960
- In Re Kelly's EstateSupreme Court of Oklahoma · 1928
- Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
- Hess v. HartwigSupreme Court of Kansas · 1910
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